A federal magistrate judge has delivered a setback to Milwaukee Circuit Court Judge Hannah Dugan and her legal team's effort to get the obstruction charge against her dismissed. U.S. Magistrate Judge Nancy Joseph issued a report and recommendation late July 7 recommending against Dugan's bid to have the case tossed.

Dugan filed a motion in May to dismiss the charges against her, saying she was acting in her official capacity as a judge and therefore is immune to prosecution. She argued that the federal government violated Wisconsin’s sovereignty by disrupting a state courtroom and prosecuting a state judge.